Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-02
BOND In BALTIMORE.
VIRGINIA HABEAs CORPUS CASES TO
HEARD BY HIN THERE TO-DAY.
sherwood's Petition Showing Upon What
Grounds he Claims His
Discharge, &c.


United States Courtroom in Baltimore.
the Virginia hGbods corpus cases will
be heard before Circuit-Judgs II. l..
Bond.
There are two cases-that OF G. E.
Sherwood and that of r. l.. Fitzgerald,
both of whom are drummers, and have
rendered coupons in payment of license
taxes-the former in this city, the lat
ter in Pulaski county.
The Commonwealth of Virginia will
be represented by Attoney-General
Ayers, Messrs. Sherwood and Fitz-
gerald by Mr.. William L. Royal and
Ex-Governor ID. H. Chamberlain, OF
New York
The following is a copy of Sher-
woods petition
To he Hon. ~. L. Bosd, Jad1e n me cireup
cart NJ the limited States for tie EIsierii Die
friof n Virginia:
Your petitioner, c. T. Sherwood, would re-
spectfuliy represent that on the Both Of NOyem-
ber. 1856, he rendered 20 the treasurer OF the
city Of Norfolk, Va, coupons aud lawful money
of the United states tO the amount Of 500. and
stating that he had deposited the same With
him; that he made the said tender and de-
manded aid certificate in order that be might
get out license 20 sell goods by sample In the
State Of Virginia for the Spencer Optical Manu-
featuring Company Of New York: that each of
the said coupons was cut from a bond Issued
by the State Of Virginia under the provisions
Of an act Of her General Assembly approved
March 30. 1871. entitled An act 20 provide for
the funding and payment Of the pubic debt
nd nFh "a
each one bore upon its face the contract Of
the state Of Virginia that IL should BE- received
IN payment Of all taxes, debts, and demands
due 20 said State; that said treasurer refused
20 receive the same aud refused tOissue 20 petit
toner the certificate demanded by him or any
other certificate; that petitioner thereupOn
presented 70 The Commissioner Of the Revenue
for the city Of Norfolk The two papers hereto
annexed. marked" a and b, and demanded
Of him license as a sample-merchant for the
Spencer Optical Company for the State Of Wy
ginia: that said Commissioner Of the Revenue
refused TO issue 10 petitioner said license !;
that thereupOn. and after said tender and ~ d
demand on said Commissioner your petition r
sold goods, wares. and merchandise a. a sam
ple-mcTchant without license, but ne did II
sell any or offer % sell any before ne made said
demand; that on the 2sth day OF Janu-
ary lSsi, he was arrested for selling
goods a. sample-merchant, and IL
now in the custody Of Captain j. B. Peasants,
Of the Richmond city police force, but t0-inor-
row he will be placed In the custody Of James
G. Smith, Sergeant Of the city Of Richmond, on
said charge; that he presents herewith copy
Of the warrant under which he was arrested
and Is now held: that he made said tender
and thereafter sold said goods. relying on the
decision Of the Supreme Court OF the United
States in the case OF Royal ~. Virginia, ll6 L.
= r. page 512. for his right 20 to do, ana your
petitiO,er charges that the officers Of the State
Of Virginia who arrested him and VINO now de-
tain him know Of said decision, and that they
arrested him and now detGin him 10 yex.
barass. and intmidaie him, and make nm
afraid 10 conduct his said business without IL
cense aforesaid that on the 20th day Of Jan
uary. 1881, the Supreme Court OF Appeals
Of Virginia made the following decision
In the case OF the Commonwealth ~. Jones:
Here he inserts the opinion In Jones5 case
clipped from DisB0trh OF 2Oth January
That IL is absurd to hold. as said Court therein
hOlls, that the Supreme Court OF the United
states did not intend 10 decide that your peti-
toner bad right TO pursue his said business
after said tender without q license; that the
pretended distinction made by the said Court
Of Appeals was met by the Supreme Court OF
the | uited States in the case Of Chaiin rs. Iay-
lOr Ql6 L. :. r., $50, wherein said court held
thnt ii is not in the power Of the state Of Nir-
ginla 20 suspend IN" operation and effect Of a
tender Of coupons for the purpose Of verifying
the same: hut that the tender paid the tax 40
AZ TO entite the person rendering the full
benefit OF u complete payment Your peti-
tlOutT now mas ll~ 'pNp pbhN M pb1'c-1i'us lftt4g
to surrender 10 the proper Oficer when the
license is given him. Your petitioner charges
that il is the purpose Of the Officers 81 the
State q Virginia 10 start prosecutions against
all persons who are doing business With
out lcCnse after a tender Of coupons in
order that they may harass thcm and vcx
them into paying their license-taXcs in current
money. and thus that the use Of coupons may
hc dsCOut aged aud that be was arrested, and
that be will be prosecuted as part Of Sald plan
IA HH " standing
their tender Of coupons; that the judge OF the
Hastings Court Of the city OF Richmond, IN
which the petitioner will DE prosecuted. will be
compelled 10 follow the decision OF the supreme
Court OF Appeals in JOnes's case, aud thus your
petitioner will be compelled 10 submit 10 a con-
yiction aud To the expense and annoyance OF an
appeal 20 the supreme Court OF tho United
States 10 have his right 70 do an act vinfcated.
which said Supreme Court has already decided
tnat petitioner hns n right 70 perform, peti-
toner during all the time occupied by said trial
and appeal 10 the Supreme Court being de-
priycd of his right 20 pursue his said business.
Petitioner files herewith the af1idayits OF George
ID. NashOn, Jr, G. II. Sands, and W. l.. Royal,
which he prays may De read as q part Of this
petition.
Your petitioner would respectfully show that
he has been arrested under the provisions Of a
statute Of the State OF Virginia, which II sec-
ton 81 Of chapter as Of tho Acts Of 1885, as
modified by chapter As Of the same Acts; and
that said acts impair the obligation Of SAID
state contract contained IN said coupons, and
are therefore ropugnant 10 the Constitution OF
the United States :; and that he Is, therefore.
held in violation Of the Constitution Of tue
United States. Your petitioner therefore prays
that your Honor will award him a writ OF habedS
corpus directed 20 }. B. Peasants and James G.
smith. Sergeant Of the city Of Richmond, COM
mRndnG them 10 produce the body Of your pc
titioner before your Honor. and that he may be
discharged from his unlawful custody.
G. l.. SHERWOOD.
Then follow the papers referred to
above; the order Of Bond that prisoner
be brought before him to-day, &c., &c.
Fitzgerald will be taken to Baltimore
10y Jailer Copper Of Pulaski, and Sher-
wood by Sergeant James c. Smith.
Attorney-General Ayers left here for
D,lt,,,,ro Ioo4 NIGHT